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Queens Chronicle

Cuomo signs major firearms legislation

30-day waiting period, undetectable gun ban on the horizon approved

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Posted: Thursday, August 1, 2019 10:30 am | Updated: 12:19 pm, Thu Aug 8, 2019.

Gov. Cuomo on Tuesday signed legislation that bans guns that cannot be picked up by metal detectors and strengthened firearm storage regulations in homes and other settings where they might be easily accessible by children under age 16.

The new laws were signed a day after the governor approved a measure establishing a waiting period of up to 30 days to complete most gun sales to ensure a proper background check; and one that backers said eliminated loopholes in the state’s ban on bump stocks.

“These measures continue New York’s legacy of enacting the strongest gun laws in the nation by helping keep firearms out of the hands of children and by acknowledging and addressing technological advancements like 3D printed guns,” Cuomo said in a press release obtained from his official website Tuesday.

Recent technological developments, such as three-dimensional printers and laser cutting machines, have led to the fabrication of fully operational firearms using materials that are undetectable by metal detectors.

The new law will make it illegal for any person “to knowingly possess, manufacture, sell or transport such weapons” — or their major components — within New York State.

The second measure, aside from tightening storage restrictions, also clarifies an existing law that allows for those under 16 to have supervised use of weapons while hunting or at a practice range.

The new waiting period, signed by Cuomo on Monday, will take place after 45 days. It was sponsored in the state Senate by Deputy Majority Leader Mike Gianaris (D-Astoria), establishing a 30-day window before a handgun, rifle or shotgun can be delivered to a buyer

Cuomo, in a statement issued by his office said the new waiting period applies to all purchases by those not automatically approved through the National Instant Criminal Background Check System.

Federal law right now gives three days for a background check before a dealer is permitted to complete a sale.

“For too long gun violence has plagued communities across our nation and while the federal government turns a blind eye, New York continues leading the way forward to protect our families and our children,” Cuomo said. “By signing these measures into law we are strengthening our nation-leading gun laws — banning devices whose sole purpose is to create the most bloodshed in the shortest timeframe and providing law enforcement the tools they need to stop firearms from falling into dangerous hands.”

Under existing federal laws, the NICS results can come back to a dealer with three possible outcomes, including “proceed,” “denied” or “delayed.”

Cuomo and backers of the new law say the 30 days give the FBI more time to complete a more thorough check should it be warranted.

Personal sales among close family members remain exempt, though private sellers otherwise no longer will be in the state.

A spokesman for Gianaris said such a sale would require the seller going through a licensed firearm dealer to conduct the NICS check.

The second law signed by the governor Tuesday closes what the administration said were loopholes in legislation banning the sale or possession of bump stocks, which can be fitted to some semiautomatic weapons, thereby vastly increasing their rate of fire.

Back in February, Cuomo signed the so-called Red Flag bill, which was crafted to prevent the possession or purchase of firearms to people shown to be a risk to themselves or others.

Gianaris, citing the Giffords Law Center, said in a press release issued by his office that right now only New Jersey and the District of Columbia have waiting periods as long as 30 days.

“Common sense gun safety reform will save lives, period. Stronger background checks will keep guns away from dangerous people,” Gianaris said. “I am proud to have written some of America’s toughest gun safety laws and to be part of a new New York Senate which prioritizes the safety of our families and schools. I’m glad the Governor enacted this important measure.”

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